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O. Reg. 201/07: Grades, Standards, Designations, Classes, Packing and Marking

filed May 16, 2007 under Milk Act, R.S.O. 1990, c. M.12

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ontario regulation 201/07

made under the

milk act

Made: May 10, 2007
Filed: May 16, 2007
Published on e-Laws: May 17, 2007
Printed in The Ontario Gazette: June 2, 2007

Amending Reg. 753 of R.R.O. 1990

(Grades, Standards, Designations, Classes, Packing and Marking)

1. (1) Paragraph 4 of subsection 4 (1) of Regulation 753 of the Revised Regulations of Ontario, 1990 is amended by adding “and light dairy-edible oil spread” after “Dairy-edible oil spread”.

(2) Subsection 4 (2) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(2) A dairy-edible oil spread, including a light dairy-edible oil spread, is a spread that,

. . . . .

2. Subsections 13 (4) to (7) of the Regulation are revoked.

3. The Regulation is amended by adding the following section:

13.1 (1) In this section,

“calorie-reduced margarine” means a plastic or fluid emulsion of water in oil or fat other than milk-fat, whether or not it contains an ingredient that is required or permitted to be included in calorie-reduced margarine under Article B.09.017 of the Food and Drug Regulations made under the Food and Drugs Act (Canada), that,

(a) is intended to be used as a substitute for butter,

(b) contains 40 per cent fat, oil or fat and oil calculated as fat, and

(c) 50 per cent of the calories that would normally be present in margarine;

“margarine” means a plastic or fluid emulsion of water in oil or fat other than milk-fat, whether or not it contains an ingredient that is required or permitted to be included in calorie-reduced margarine under Article B.09.016 of the Food and Drug Regulations made under the Food and Drugs Act (Canada), that,

(a) is intended to be used as a substitute for butter, and

(b) contains not less than 80 per cent by weight of oil or fat.

(2) Dairy-edible oil spread, other than light dairy-edible oil spread,

(a) shall contain not less than 80 per cent by weight of total fats or oils of which milk-fat shall make up not less than 50 per cent by weight; and

(b) may contain any ingredient that is required or permitted to be included in margarine under subclause (b) (ii) and clause (c) of article B.09.016 of the Food and Drug Regulations made under the Food and Drugs Act (Canada).

(3) Light dairy-edible oil spread shall,

(a) contain not less than 60 per cent by weight of total fats or oils of which milk-fat shall make up not less than 50 per cent by weight; and

(b) meet the conditions set out in column 2 of item 45 of the table following section B.01.513 of the Food and Drug Regulations made under the Food and Drugs Act (Canada).

(4) Subject to subsections (5) and (6), a dairy-edible oil spread, including a light dairy-edible oil spread, or its container shall be clearly marked or labelled to indicate the following, expressed as a percentage of the weight of total fats or solids:

1. The per cent weight of milk-fat.

2. The per cent weight of oil or fat other than milk-fat.

(5) Where a dairy-edible oil spread, other than a light dairy-edible oil spread, is comprised of butter and margarine, the spread or its container may, instead of meeting the requirements set out in subsection (4), be marked or labelled to indicate the following, expressed as a percentage of the total weight of the product:

1. The per cent weight of butter.

2. The per cent weight of margarine.

(6) Where a light dairy-edible oil spread is comprised of any of the following ingredients, the spread or its container may, instead of meeting the requirements set out in subsection (4), be marked or labelled to indicate the per cent weight of each of the ingredients expressed as a percentage of the total weight of the product:

1. Butter.

2. Margarine.

3. Light butter.

4. Calorie-reduced butter.

5. Calorie-reduced margarine.

(7) Light dairy-edible oil spread or its container shall not be marked or labelled “light” or “lite” except in accordance with the requirements set out in section B.01.503 of the Food and Drug Regulations made under the Food and Drugs Act (Canada) where the light dairy-edible oil product is treated as a food subject that falls under item 45 of the table following section B.01.513 of the Food and Drug Regulations made under the Food and Drugs Act (Canada).

4. This Regulation comes into force on the day it is filed.

Made by:

Ontario Farm Products Marketing Commission:

Dave Hope

Chair

Gloria Marco Borys

Secretary

Date made: May 10, 2007.